Revision petition challenging refusal to discharge accused No.3 in a case involving sale of gift vouchers bearing RBI currency identification marks. The High Court found specific allegations attracting Sections 475 and 120-B IPC requiring trial and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:12887 CRL.RP No. 329 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 329 OF 2024
BETWEEN:
…PETITIONER
(BY SRI. SUMANT NAIK, ADVOCATE FOR SRI P.N.HEGDE, ADVOCATE)
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
BY CHANDRA LAYOUT NAGAR POLICE STATION, BENGALURU, REPRESENTED BY ITS SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001
…RESPONDENT
(BY SRI. M.DIVAKAR MADDUR, ADVOCATE)
THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 04.12.2023 PASSED BY THE LEARNED PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN SPL.C.C.NO.25/2021 AND CONSEQUENTLY ALLOW THE APPLICATION OF THE PETITIONER FILED U/S 227 OF CR.P.C. BY DISCHARGING THE PETITIONER/ACCUSED NO.3.
NC: 2024:KHC:12887 CRL.RP No. 329 of 2024
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the
learned High Court Government Pleader.
NC: 2024:KHC:12887 CRL.RP No. 329 of 2024
attracted against accused No.3 and the prosecution has invoked Section 120-B of IPC apart from Section 475 of IPC, comes to the conclusion that contention of the accused at this stage cannot be accepted and the very approach of the Trial Court is erroneous and it requires interference.
being the case, with regard to the conspiracy as well as selling of gift vouchers and using of identification mark of Rs.10/currency notes of RBI, it attracts Section 475 of IPC and it requires trial.
on record, which has been produced by accused No.3 himself, so as to enable the Court to decide the present application and the said fact is also taken note by the Trial Court in Para No.16
of the order, wherein it is observed that in the name of Blackbird and Royal Holidays on one side of the gift voucher worth of Rs.3500 with symbol of Hand shaking, which gives an impression that the gift voucher has been issued in collaboration between Blackbird and Royal Holidays and its subsidiary concerns such as Royal Wellness, Royal Prashanth and Royal Pearl. The Trial Court has also taken note of this gift voucher does not refer to M/s. R.P. Group of accused No.2, who is said to have purchased the same from accused No.3.
NC: 2024:KHC:12887 CRL.RP No. 329 of 2024
grounds and merit in the appeal to interfere with the findings of
the Trial Court by exercising the revisional jurisdiction.
following:
ORDER
The revision petition is dismissed.
Sd/JUDGE
ST List No.: 1 Sl No.: 44
1 issue framed by the court
Whether the petitioner/accused No.3 should be discharged under Section 227 Cr.P.C. from accusations under Sections 120-B, 409, 420, 475 and 35 IPC.
6 provisions across 4 enactments
Rajashekara B.R.
State of Karnataka, by Chandra Layout Nagar Police Station, Bengaluru
H.P.Sandesh
As recorded by the court registry
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